T.S.S. v. A.S.

T.S.S. v. A.S.

The 2020 interim order was made under the Family Law Act and material changes relevant to the child's best interests have occurred (child aged six, school attendance, changed activities and significant trial delay); accordingly the court varied the interim parenting schedule to increase paternal parenting time in specific, limited ways, retained the mother's custody of the passport with obligations to provide it for travel, and granted the mother final authority to consent to physician-recommended medical care following consultation because that allocation best protects the child's interests given the history of unilateral medical action by the father and the mother's demonstrated...

Citation
2024 BCSC 301
Parties
Claimant: T.S.S.; Respondent: A.S.; Respondents by Counterclaim: S.S.S.; Respondents by Counterclaim: K.K.S.; Respondents by Counterclaim: M.S.S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 February 2024
Procedural Posture
Family Law Parenting/guardianship / Interim Application (pre Trial)
Outcome
Application allowed in part: 2020 order varied as specified; mother granted final authority to consent to physician-recommended medical care following consultation; mother to hold passport when not in use; case planning conference directed; no costs awarded.
Legal Topics
Variation of Interim Order, Best Interests of the Child, Parental Decision Making, Passport Possession, Medical Consent, Trial Scheduling
Source Language
English
Family Law Child Custody Guardianship Parenting Time Family Procedure Variation of Interim Order Best Interests of the Child Parental Decision Making +3 more

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Parties

T.S.S.

Claimant

A.S.

Respondent

S.S.S.

Respondents by Counterclaim

K.K.S.

Respondents by Counterclaim

M.S.S.

Respondents by Counterclaim

Procedural Posture

Family Law Parenting/guardianship / Interim Application (pre Trial)

Legal Issues

  1. 1 Whether the 2020 interim parenting time order should be varied under the Family Law Act
  2. 2 Who should hold the child's passport when not traveling
  3. 3 Which parent should have final authority to consent to medical care following consultation

Ratio Decidendi

The 2020 interim order was made under the Family Law Act and material changes relevant to the child's best interests have occurred (child aged six, school attendance, changed activities and significant trial delay); accordingly the court varied the interim parenting schedule to increase paternal parenting time in specific, limited ways, retained the mother's custody of the passport with obligations to provide it for travel, and granted the mother final authority to consent to physician-recommended medical care following consultation because that allocation best protects the child's interests given the history of unilateral medical action by the father and the mother's demonstrated...

Court Disposition

Application allowed in part: 2020 order varied as specified; mother granted final authority to consent to physician-recommended medical care following consultation; mother to hold passport when not in use; case planning conference directed; no costs awarded.

Orders

  • 2020 order of Master Caldwell varied consistent with reasons: Tuesday after-school to Wednesday morning parenting time, Sunday 6:30 p.m. return on father's weekends, extension of weekends when adjacent to non-instructional day, equal division of winter and spring breaks, and amendment of summer vacation provisions...
  • Father to sign passport application for K and provide it to mother within two weeks